>> jenna, do you feel like you're being watched? >> a little bit. creepy. >> take a look at that thing. scientists getting an up close look at what was once thought to be a mythological creature. thanks to japanese scientists using deep underwater cameras. the giant beast more than 2000 feet below the sea. one of the first images of the giant squid thought to be the myth of the cracken, thought

to have swallowed up ships. eyes the size of dinner plates. >> who knows if it's true. thanks, everybody. >> "america live" starts right now. >> megyn: fox news alert. reports that there's a new urgency from the administration to come up with a sweeping plan for gun control and fast. welcome to "america live," everyone, i'm megyn kelly. sources say there is some serious concern right now that support for such measures may fade in congress, may be fading at the moment and if the public loses sight of the shooting in newtown, connecticut that sparked this new debate in the first place. the vice-president joe biden is leading this task force and tomorrow he will meet with gun safety organizations and groups that represent victims of gun violence. the very next day, he will meet with gun ownership groups as well as advocates for sportsmen. there are even plans for the vice-president to meet with folks from the entertainment and video game industries. and with the report due at the end of this month, this

legislation could develop quickly and it's not just legislation. they are expecting recommendations for executive action that could potentially curtail certain gun rights. chris stirewalt is our digital editor and power play foxnews.com. so they want action and they want it quickly. now, the president has said initially, i want this done in january. i want it on my desk and i don't want a lot of delay, but now there's word from capitol hill, there are additional reasons to push this and fast. so, and those are what? >> well, the what is currently congress is in the process of being overloaded. the president has controversial nominees for key posts, particularly chuck hagel, that he's going to have to deal with for secretary of defense. we have the budget, we have the debt ceiling looming. we have the legislation that's basically funding the government in the be absence of a budget. we have all of these things that are coming up. the government shutdown clock is already running and all of this stuff is going on.

jamming firearms legislation, anything that addresses gun control, which remains restrictions on guns remain politically unpopular, people are-- feel good about restricting access for the mentally ill, america remains mostly, and it remains daunting. >> megyn: initially we were told they were looking at everything. am some people are looking at things other than gun control. secretary sebelius of the health and human services department will have meetings with mental health and disability advocates, or at least a meeting. the education secretary arne duncan is going to meet with parent and teacher groups, but the vice-president is devoting his time to the gun issue and i guess secondarily to the video game and movie issue. now, i mean, is this going to be a gun -- a gun bill, chris? or is this going to be something that really, truly

looks at the comprehensive universe of something how newtown happened and try to address it. >> when people in washington hear phrases like committee, report, blue ribbon commission, they know that that usually means this is something that's never going to happen. they know that this usually means he when you talk about big comprehensive things, we're going to answer everything and address everything, that's not how things generally happen. that's generally what politician does when they want to table an issue until public anxiety or public outrage dies down. that's the way it goes. now, the president said this is not so, that he really is going to address all of this, including gun control, which has been something that democrats, liberals have wanted for so long and for, now, really for 20 years, almost. so the deal-- >> but i have to ask you because in the wake of newtown, chris, there seemed to be sincerity from both sides of the aisle that we just had to look at -- we just had to look at everything, i mean, look at. we're not saying rush to do this, rush to do that, but find out what happened and do

something if we can to stop it from happening again and obviously, obviously, that includes a focus not just on the weapon of choice, but the shooter, the shooter and how he got to that point and how he slipped through society in the way that this guy did and how we can prevent another guy like that. we've seen it repeatedly, these lone guys who may or may not have mental health issues identified by a school system or society who are not getting the help they need who wind up with whatever their weapon of choice is, but they wind up being killers. and we're hearing it's not biden, mr. biden meeting with the mental health. ale be meeting with the gun people, but secretary sebelius she's going to meet with the mental health people. do they have their eye on the ball? >> well, look, the truth is, we know that selecting joe biden to be the man in charge of this commission is the strongest signal. joe biden's signature achievement in congress, the thing that he did successfully, that no one else could have done, that he really pulled off, was gun

control. >> megyn: yeah. >> that's his thing. that's his -- his life's work prior to being elected vice-president of the united states, the pinnacle moment was achieving a liberal end of gun control. when you put him in charge of the commission, you say this is our priority, it's a priority for the left and they're going to get louder and louder. every day that the that goes by that the president is not providing gun control they're going to get-- >> mrs. sebelius is in charge of health and human services, but when you put the top guy on it. we'll see. the reports from the washington post this weekend that they really are expanding the way they want this gun control piece of it to look, much broader than the 2004 version. chris, thanks for being here. >> you bet. >> megyn: well, to give you an idea how much attention people are giving this gun debate, the fbi says background checks for firearms has soared some 39% in one month's time and

that they hit a record high in the the month of december. while the government does not track how many guns are actually sold there are anecdotal reports from gun store owners and manufacturers that firearms are flying off the shelves. major manufacturer suggests that that trend is being reflected in their world as well and the background checks of course support that notion. and now to a murder mystery surrounding the death of a lottery winner. chicago resident kahn hit the jackpot last summer winning a million dollars on a scratch-off tickets. friends and family say he was ecstatic and 24 hours after state officials issued him a check for the winnings, police say kahn suddenly died a now, after initially they said it was of natural causes, they say in fact he was the victim of cyanide poisoning. trace gallagher has more, trace? >> reporter: and this one, megyn, caught the medical examiner off guard. when he bought that lottery

ticket he just returned from a hajj pilgrimage, except for one more lottery ticket and scratched it off. kissed the clerk, jumped up and down and told the lottery he would take the lump sum amount of $600,000. at a lottery ceremony with his wife and his daughter, he gets the check, he goes home, and the next day he died. there were no signs at all of foul play, nothing suspicious. medical examiner, as you said rules it natural causes, but one family member is not buying that ruling. pushes for a thorough examination, turns out he has a lethal amount of cyanide in his system. here is the medical examiner, listen. >> more common in fictional literature than in real life. cases do pop up. i have he had a cyanide suicide probably about, oh, close to 20 years ago that i wrote up as a case report.

but generally cyanide poisoning in the united states are pretty unusual. >> reporter: you hear that? 10,000 autopsies he's done, megyn, the past 20 years, two cyanide cases. normally cyanide leaves blue swatches on victim's skin, the amount very small can be lethal. the investigation so far has turned up nothing. the chicago police have now turned this into a homicide investigation and they will exhume the body sometime in the next couple of weeks and do a thorough autopsy which was never done to see if that gives them more clues into exactly how he died. did he inhale it, was it injected? did he swallow it? nobody knows until they exhume the body. right now this is the biggest mystery in the midwest. >> megyn: quickly, who is the family member who asked them to take another look. >> they wouldn't say, just a family member concerned about the results, won't give any names. >> megyn: justifiably so.

trace, thanks. and protesters angry that more men and women, teenagers, weren't charged in an ohio rape case. i don't know, it's like what do you call a 18-year-old? legally they're an adult, but tough to say so. in any event, one of the most appalling youtube videos we've seen in a long time shows one young man joking, carelessly and cruelly, about the apparent rape of a 16-year-old girl. >> and that's how you know she's-- and why do you-- >> that's to say, and if she wakes up, i don't think so, she's dead. >> megyn: and none of charges, he didn't do anything, but how do we get to that point. wouldn't that be horrified if that were your son or your brother? how do we get to this point where these kids feel comfortable making light of what was said to be an alleged repeated gang rape that took place at several parties over

the course of an evening? dr. keith ablow is here. we will talk to him about it. and the one suspect, the one suspect who's been linked to the benghazi consulate attack that left four americans dead is now a free man. the reason why in moments and where are we with this investigation? days after every american worker started paying more in taxes, taxes designed to go towards social security, two researchers say the feds are badly underestimating the amount of benefits that we have in the coffers. i should say the amount of funds we should have in the coffers, to pay off the berths we a -- benefits we're going to have to pay in the coming years, gerri willis helps us crunch the numbers. >> well, i need this, and i need this, and i'm going to take this, and no, no, i'm the old person, i need this it. you have to take care of me. i want it.

mine. [ female announcer ] today, jason is here

to volunteer to help those in need. when a twinge of back pain surprises him. morning starts in high spirits, but there's a growing pain in his lower back. as lin grow longer, his pain continues to linger. but after a long day of helping others,

he gets some helpful advice. just two aleve have the strength to keep back pain away all day. today, jason chose aleve. just two pills for all day pain relief. try aleve d for strong, all day long sinus and headache relief.

>> we're getting reports today that the one suspect being held in the the benghazi terror attacks has been released from custody. a judge citing a quote, lack of evidence, was telling the man to stay in the area in case the court needs him, overseas. the 26-year-old man was one of the only suspects arrested in the terror attack. u.s. officials blame the stalled investigation on a lack of cooperation by local officials. four americans were killed in that september 11th attack on our consulate including u.s. ambassador chris stevens. . >> on social security we've got a somewhat similar position. social security is structurally sound, it's going to have to be tweaked the way it was by ronald reagan and democratic speaker tip o'neill, but the basic

structure is sound. >> that's president obama during the first presidential debate decribing social security as structurally sound, he has no plans to change it. but there are new dire warnings that the fed is badly underestimating the amount they have to pay in the coming years and we don't have enough money to do it. for the sense why this issue is getting new attention, in there were beneficiaries, had a.4 million. by the end of 201155.4 million, a 22% increase in just 11 years. back in 2000 social security beneficiaries paid out 407.7 billion bucks, by the end of 20 2 2011, 698.1 billion. it's not getting better from there. fox business's gerri willis is with me. we don't have enough money. the two guys took a comprehensive look and op-ed said it's worse than anybody is letting you know.

we're going to run out of money, the social security trust fund is going to be depleted years earlier than the feds suggest. what is the time frame we're looking at? >> well, let me tell you, this is a huge, huge problem and you can blame the baby boomers because they're all retiring at the same time and the system just can't sustain the payments that are promised to people out there. there's going to be a doubling in the number of people who are 65 years and older by 2040. and that is just unsustainable. look, two years ago, way back in 2010, the system was already not able to pay benefits out of the treasury, the lock box, they had to borrow to do it. the problems in the system are really, really big and we have no real solutions. by 2033 according to current estimates we'll only be able to it pay about 75% of social security benefits to people. and that is the disaster when you think about that. >> megyn: not that it's going to be completely bankrupt, but not enough money to pay everyone all of what they're expecting, and they're owed

because we pay into social security. >> think of a large purchase, you want to grow your money over time. the whole idea of paying social security out of current tax receipts, today's tax receipts what you're doing with that increased social security payroll tax, well, it's ludicrous, it's silly, it's a terrible way to run a country. >> megyn: why? >> because you should be saving over time for big expenditures you know are coming down the road. the problem is, we are turning to that more and more and more and it costs more to do that. look, if you want to save a million bucks for retirement and you start at 18, you spent a whole lot less money than if you start 60, right, we have time to grow that money. we don't have time to grow that money we're trying to find it with higher tax sno. >> megyn: we have a pot of money to pay this in addition to the social security payroll tax, went up for everybody starting january 1st, the

first time since a couple of years ago they didn't have enough from the tax money to come in, they had to dip into the 2.7 billion dollar buffer and it's going down and down and down, headed for bankruptcy and that's going to be gone the next couple of decades and the tax revenues are not going to pay everybody the money. what to do about it, you hear president obama saying maybe some minor tweaks. are minor tweaks going to take care of it? >> i don't think so. well, first and foremost what you can do is make people retire later. that does make a very big difference to the system. >> megyn: and that's on the left. we saw durbin get behind raise it go one year, the retirement age by one year and he got pummelled. >> well, you may have to make the hard choices, i have to tell you. look at the people you know who are retiring today. are they retiring at 62? are they retiring at 65? no, they're not. they're retiring at 70. everybody's working longer to try to save enough to retire. >> megyn: not talking about, when he they proposed it like the simpson-bowles commission, they didn't say like today. you're 64, almost there, no,

it's going to be 69. they're taking about people like me and you, and years from now you're going to have to work an extra year and even that's not acceptable. >> that seems to me like the easy common sense solution and that way you don't disturb the benefits of people retiring now or retired five, ten, 15 years ago. those are the people you want to leave alone, right. because we had that compact with them. >> megyn: what about raising-- there's a limit. it's like 113,000, and if you make more than that, you pay that social security tax up to 113,000, and then you don't have to pay it anymore, if you make 200,000 you've got that money that's not social security taxes not taken out. >> correct. >> megyn: what about raising the cap. >> that could be true, too, another doubling down on the same group of people we're doubling down with on the income tax though, at some point you have to watch that, why? those are the folks hiring people all over the country, small business owners who are really the job generators. olu are not easy and-- >> politically. >> i hate to see what washington is going to do with this, mostly what they do is

kick the can down the road and they don't want to talk about it. president bush tried to talk about privatizing it a bit. >> megyn: oh, boy, saw how that went. >> a fiery inferno. >> megyn: and mitt romney didn't say anything more than what the president said he wanted to do. so it's a scary thing to think we could be 20 years away not having enough money to pay. >> i agree. >> megyn: especially when you're in your very young 40's. >> how old will i be there, very scary. >> megyn: all right. gerri, thank you. start saving, start saving now, don't rely on uncle sam to pay you back. and speaking of saving money, a growing number of americans are expressing frustration with the president and congress after their paychecks suddenly got smaller last week. we'll debate whether this could pose some problems for the democrats' push to raise taxes again in the weeks ahead. and a couple in california decides to exchange their vows in a hot air balloon, but then the romantic ride ran into serious trouble and the cameras are rolling as the

love story came crashing to earth. you'll also find us in person, with dedicated support teams at over 500 branches nationwide. so when you call or visit, you can ask for a name you know. because personal service starts with a real person. [ rodger ] at scottrade, seven dollar trades are just the start. our support teams are nearby, ready to help. it's no wonder so many investors are saying... [ all ] i'm with scottrade.

>> well, as survivors of superstorm sandy are still cleaning up more than two months after the storm, there's question what to do with some of the debris, including the storm damaged cars, lots of cars, lots of cars. rick leventhal has the details of what may suddenly be the biggest parking lot in riverhead, new york, rick. >> reporter: thousands and thousands of cars and the executive air park closes every winter and typically empty during the long cold months, but not this season because the town of riverhead, which owns this property way out on eastern long island found a way to m of all of this space. leasing the space, the runways

and taxi way to insurance auto auctions, inc. filled the airport with thousands of vehicles damaged by hurricane sandy. two runways, 1007 feet long, filled with cars, some of them new, auctioned off online every day and buyers have to be recyclers, rebuilders or dismant dismantlers, licensed and registered with the state and it's paying for every acre using expected to be a total of nearly 3 million dollars, but some environmentalists say it's a bad idea, that this airport since on top of an aquifer that supplies the town and long island with drinking water and that comes from underground and what goes into the ground could get into the water. so if the cars are leaking gas or oil or anti-freeze there are concerns it might taint what comes out of the tap. >> long islanders get all of their drinking water from underground. what gets into the ground gets into their water and we think it shouldn't be fluids from wrecked cars.

>> when you look at the vehicles out on the tarmac, they don't look any different than something you might see in a shopping mall. the only difference is these are less-- pollute less there's no exhaust out of the tail pipes. >> reporter: they're all parked on pavement and should be gone in three to six months and have to be off the main runway by march, megyn, that's when the airport reopens. >> megyn: wow, those aerials are something, rick, thanks. a growing number of americans are unhappy with the president and congress, after discovering that their paychecks are a lot smaller than in december. that debate after this break and breaking news how serious this year's flu outbreak has become. an update on where the hospital tents, tents are now going up for the overflow. and protests erupt after a young man is caught on camera making disgusting remarks about an alleged rape by some high school classmates. we'll ask dr. keith ablow what

makes some teens behave in an unbelievable manner and what it might say about our country's values coming up. >> and this is-- ♪ you know my heart burns for you... ♪

i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is! campbell's has 24 new soups that will make it drop over, and over again. ♪ from jammin' jerk chicken, to creamy gouda bisque. see what's new from campbell's. it's amazing what soup can do.

>> a new year brings a new frustration for every american worker, well, most of them. smaller paychecks. we told you last week how washington did nothing to stop a 2% hike in your social security tax and now, liberals

and conservatives alike are taking their frustrations to the web in a fight that's quickly gone viral. one post getting some attention comes from the left leaning website, democratic underground. reads, quote, what happens that my social security in my paycheck just went up, my paycheck went down with an amount i don't feel comfortable w i guarantee this decrease will hurt me more than the income taxes for those making over 400 grand. what happened? joining me now leslie marshal, syndicated radio talk show host and a fox news contributor. and chris plant, a radio talk show host on the chris plant show he. this anecdotally is being talked about everywhere. everywhere i go people are discussing the fact that their paychecks are a lot smaller, there is some surprise, they thought only the rich was going to take the hit, but turns out 77% of americans got a tax hike on january 1st that the president and congress pushed through. chris, your thoughts?

>> it's almost hilarious, isn't it? i mean, if it weren't so pathetic. they were suckers. they were lied to. they weren't told the truth by politicians in washington and by their friends in the news media and you know, i'm sorry people voted for big government and it's got to be paid for. this, this payroll tax holiday, as it was called, a euphemism, was just a shell game that was designed to play games in the first place when it was implemented in 2009, and if you want big government, if you want social security, you've got to pay for it and guess what? while these people expressing outrage on these liberal websites were convinced at that somebody else was going to pay the bill, which is why they voted for barack obama in the first place, we're all going to have to pay for it. government is expensive. you're going to pay for it, i'm going to pay for it. welcome to the party. >> megyn: here is just one example. this is from democrats undergroundlessly, somebody writes, my paycheck just went down and so did my wife's,

this hurts us, everybody says it's a good thing, i get we suck up and get used to it, they call it an increase on the middle class. it is an increase on the middle class, no way around it? >> and everyone is going to pay more. we have to look how it happened. when the president came to the table with the republicans, the first thing, one of the first we need to extend the payroll tax cut. republicans said no, democrats refashioned that, okay, let's have a make work tax for the benefit of the american people, the republicans said no to that. so, i find it ironic, especially when there is a republican majority in the house, that the democrats and the president are being blamed for something that the republicans, quite frankly, brought upon themselves and chris, you guys on the right should be happy there's more money going to social security because you always said there wasn't enough money for it to last and funds for generations. >> megyn: before i give the

floor back to you, chris. leslie, who signed the law? >> the president signed the law. >> megyn: right. both parties are to blame. >> we always knew in negotiation, there was going to be a compromise and the president wasn't going to get 100% of what he wanted. >> megyn: come on, stop that. both parties are to blame. the republicans wanted the tax to go up and the president signed it. can't be blaming the other. they both did it, both raised taxes on the rich and both raised taxes on people, 77% of the working population, that's a fact. now, you can argue about whether it's right because as leslie points out republicans argued we need this money for social security, we did it a segment, social security is running out of money in 20 years so we need the money. the point is people are upset and didn't see it coming and now they feel like it's going to be tax, tax, tax, that isn't necessarily disclosed and explained to them before the tax. >> leslie said it, we are going to have to raise taxes and nancy pelosi coming back, we have to raise taxes. their plan after raising taxes on the rich is to raise taxes

again. we've got to pay for social security some way or another. and the people, look, social security has always been sort after shell game, also. and it's a redistribution scheme where money is transferred from the young to the old. you know, this is reality and pretending that we can perpetuate these holidays in perpetuity and nobody will ever have to pay for it is dilutional. i mean, is everybody in in town on lsd or what? i mean, the government consumes money. it has to get money from someplace and the idea that 2% of the population is going to have their taxes increased by 4.5% and that's going to solve all our problems is a joke. it's an obscene joke. it's a lie. >> megyn: that's the thing, the president he when he gave the folks this tax holiday, by definition the holiday is only temporary. and so, he sort of of said, this is going to be temporary to try to stimulate the economy and then it's going to go away and now it's gone away, but sort of like people don't believe. they get it, enjoy it and want to keep enjoying it and that's not the way it works.

>> no, it isn't. and although i'm not on lsd, i will agree with chris about something, which is that you know, if we want things from our government, we have to pay for it. and you know what, chris? you and the republicans especially in the house and the senate can-- you know, give up their social security, you know what i'm saying? redistribute that somewhere else. that's an option, and i have anever seen anybody take that, never. >> and that's really sort of absurd. you know, listen, the government has-- >> no, if you don't want government programs, don't take the benefit from the government program, fight for that, fight for-- >> republicans have been arguing that we need to pay for the government we have. now, if that seems irrational, then we're operating on different planes because i, in my life, and i'm sure you, in your life, don't spend $320,000 a year if you take in $200,000 a year. the government takes in 2 trillion, we spend 3.3 trillion. that can't go on, okay? and pretending that we don't

have to pay for it and we're going to give this back to you in your paycheck every month and that's going to fuel the economy has been a lie all along and i'm glad that people who frequent liberal websites are waking up to the facts of the world that we live in. >> megyn: i'll leave with you that, screen 5, control room. writes, obama, i did not vote for you so you could take away a lot of money from my checks. very simple. not what alex want today see happen. i've got to go, panel. we'll talk with brit hume on the nancy pelosi promise raising taxes even more. thank you. >> thank you, megyn. >> megyn: we're getting reaction from a small business owner who says he was treated poorly, to put it mildly, by one of america's biggest banks, because he owns a guns parts company. what he said they told him about his money and why he couldn't access it when the

ceo joins us here live. and now outrage after a group of ohio high school students were caught on tape joking about the the alleged rape of a 16-year-old girl that had happened hours earlier. who was allegedly assaulted while she appeared passed out drunk or drugged. dr. keith ablow weighs in next on these teens and how we got here. why do you let them do-- >> and that's just saying-- she wakes up, i don't think so...

>> announcer: meet jill. she thought she'd feel better after seeing her doctor. and she might have, if not for kari, the identity thief who stole jill's social security number to open credit cards, destroying jill's credit and her dream of retirement. now meet amanda. with a swipe of her debit card, she bought some gas... and an all-expense-paid trip to hawaii for ben. ben is the identity thief who used a device called a skimmer to steal her information from her card to open a fraudulent account. every year millions of americans ju like you learn that a little personal information in the wrong hands could wreak havoc on your life. this is identity theft, and no one helps stop it better than lifelock. lifelock offers the most comprehensive identity theft protection available. ordinary credit monitoring services tell you after your identity has been stolen; they may take 30 days to alert you! too late for amanda.

with lifelock's /7 proactive protection, jill would have been alerted as soon as they noticed an attack in their network, before it was too late. and lifelock's bank account takeover alerts would have notified amanda in time to help protect her money. lifelock guards your social security number, your money, your credit, even the equity in your home. while identity theft can't be completely stopped, no one protects you better than lifelock. and lifelock stands behind that, with the power of their $1 million service guarantee. you have so much to protect, and nothing to lose when you call lifelock right now and try 60 days of identity theft protection risk-free. 60 days risk-free! use promo code: onguard. order now, and get this document shredder, a $29 value, free! call or go online now. [♪...]

as a mom, you spend a lot of time helping others. hamburger helper can help you back. and with box tops for education on every box, it helps you help your school. so you're doing good, just by making dinner. hamburger helper. available at walmart. >> a new fallout in a smalltown criminal case grabbing national attention. it involves an ohio student caught on video joking about an alleged rape victim. a 16-year-old girl said to have been assaulted at a couple of different parties while apparently drugged or passed out drunk. if you have not seen it, here are some of his remarks, this is not the alleged rapist, it

is someone who appears to have found the alleged rape very amusing and we have to warn you, this is offensive. (inaudible) just saying, she wakes up, i don't think so 'cause she's dead. >> i'm not-- >> if she wakes up, i don't think so 'cause she's dead. >> she's deader than andrew reid's son. >> and (inaudible) and deader than-- wow. >> what is wrong with you? she's deader than oj's wife. (laughter) she's deader than caylee

antho anthony. (inaudible). >> right now, they're trying to help a dead girl. that's like trying to help wood turn into stone. that's like trying to help tim tebow be a good quarterback. (inaudible) "pulp fiction," did you ever see that? (laughter) they raped her quicker than mike tyson... >> well, now his lawyer is speaking out, describing the young man's behavior as insensitive and unfortunate, but saying that his client was not an actual witness to the alleged sexual assault. listen to him. >> it's important that you know that jane doe was not in

the house where the video was made at the time it was made and michael was not present in the house where she's alleged to have been assaulted at the time she was alleged to be assaulted. and if you've seen the video, you can tell he and the others were intoxicated. michael didn't know the alleged victim, who some i guess have referred to as jane doe. he's since been told that she was at the student's house where he was drinking and that she was there drinking as well, but he didn't know that and he'd never met her. >> megyn: even if this young man has committed no crime, he has managed to infuriate a huge number of people and raised questions about how we got to this kind of thinking in the wake of a brutal event that night steubenville, ohio. joining us now, psychiatrist dr. keith ablow, a member of our fox news medical a-team. welcome back. that young man's name is

michael lodiano and enrolled at ohio state university and he had gone to the high school that all of these football players play at and these two guys from the football team are now stand accused of rape. he wasn't part of that, but you can see him in the immediate aftermath of the alleged sexual assault and how lightly he was taking it. he's now withdrawn from ohio state in the wake of the public controversy around his remarks. the insensitivity displayed on that tape, doc, have at it. >> well, first of all, megyn, you know, we keep getting together, you and i, to talk about the failure of empathy in our culture. empathy is this miraculous human quality that allows one human being to feel or intuit the feelings others, like this girl, this victim's suffering. that's in short supply now. it has been squashed by things like social media and technology that make people think that others are a little like animated creatures,

rather than like human beings. that's what i think is happening. and after all, this young man is not seeing this happen in the flesh. he's watching it through the same medium that brings him computer games. he's being recorded while this is going on. we are removing our young people from reality, from their feelings, from their capacity to be empathetic and heroic and courageous and will pay the price for it later on. this is a snapshot of the world we're creating. >> megyn: speaking of snapshots, here is one that will be evidence in the rape trial against these two young men, who are the defendants in the rape case, they'll be tried in juvenile court of a young girl. this is a 16-year-old girl who, the prosecutors say was dragged by these two young men, who they say are her rapists from party to party and repeatedly raped in different ways. now the two young men deny it and say there's consent, but there's a question whether the girl in this condition can consent. and girls who had seen her or

had about with her, including this young man himself. michael, who had been talking to the football players believed she was dead. that's how passed out she was. let's put aside the two alleged rapists who maintain their innocence. >> okay. >> megyn: a pack mentality. that so many people saw that girl in that condition, not one person stood up and helped her. >> no, not one. people do very poorly, and we know this, the bystander effect, they do poorly in groups. they do better alone in taking action, and thinking i don't want to be stepped out of the pack here, judged for it, maybe there's information i don't have that relates to why this is happening. it's very disappointing. this can be taught. if we have time to teach kids other subjects in school, why can't we teach them to be able to be self-motivated in service to others? to be able to not follow the crowd. to take heroic action.

to expect that this kind of bystander effect could grip them and to be able to fight against them. that's what schools should do, too, it's not just about reading and writing and arithmetic, it's about character. >> megyn: to just stand up. what a hero that young man or woman would have been if they had said put that girl down right now. >> absolutely. >> megyn: and gotten her help. >> but here is the thing, that young girl, to a lot of these young people, is not a girl. she's somebody who's starring in a reality tv show broadcast for youtube or facebook so photographs could be shared. >> megyn: they he were doing that. some of the participants at the party actually filmed the alleged rape, but while the rape is going on, the alleged rape, somebody videotaping it, thinking it's funny. >> we're lost in between the media, we use to communicate and our own roots as empathetic human beings with

feelings. we're getting lost. we're literally bleeding into the entertainment that we participate in and what happens is that we lose our humanity in that way. >> megyn: you can feel it. you can feel it in events like this. i do want to say this though, on the subject of this michael, the tape is disgusting, if you watch the full 12 minutes he shows zero empathy for her, but i remember going to college, doc and college guys when they're drunk, a bunch of athletes sitting around, i heard with my own two ears a lot of stupid conversations, stupid comments that maybe they didn't mean, but they're young and they're kind of dumb and they're intoxicated. can he be for given for that? >> i suppose he's paid a huge price for things that people might do equally terribly in private. however, you know, would you want this guy baby-sitting your child, dating your daughter, working in a place where he's interacting with

people when there aren't others around to check on him? well, not really because he's shown so little empathy and yet, you're right, megyn, i agree, there seems to be alcohol or drugs involved. 's he not quite himself. he's looking at a tape, not a person and we get a look at this in the law as well. i weigh in on cases where people do crazy things online that you'd say they'd never do that. remember anthony weiner, texting photographs of himself. do you think there's a chance he'd hand a naked photo out to people on the streets? never. this dehumanizes people. >> megyn: well, he's been targeting, his facebook, his twitter account hacked. parents, he's been threatened. that's all wrong, that's not right, but public. >> no. >> megyn: vocal public reaction shaming him for that behavior. i don't see anything wrong with that. that's sort of what we do in this society and seems like this young man may be headed for a course correction which may benefit him and his family. thank you for being here.

>> thank you. >> megyn: cameras are rolling as a high flying love story comes crashing to earth next. alright let's break it down. mom, pop it. ♪ two inches apart, becky. two inches. t-minus nine minutes. [ ding ] [ female announcer ] pillsbury cinnamon rolls. let the making begin.

♪

>> let's just hope their marriage isn't this rocky. a california couple thought they came up with a perfect wedding. moments after saying "i do", they realized the whole thing was full of hot air. trace gallagher has the story live in l.a., trace. >> reporter: the bride's dream, megyn, was to get married in a hot air balloon, the groom agreed even though he was deathly afraid of heights. there they were thousands of feet up and karen and ken-- jonathan, rather, exchanged wedding vows. balloon pilots are at the mercy of the wind, up and down. and he kept floating over the landing zone. the balloon clearly was in trouble and the passengers knew it, but one of the

bridesmaids kept the video rolling right through the crash, watch. >> hold on. oh! yeah. >> oh! >> and we hit it and bounced and all of a sudden there was a gust of wind that just came up underneath of us and i thought oh, we're going to go back up in the air again, but we didn't, we kept sliding and slid into the-- >> fence, the trees started cracking, you could hear the the sounds, it was crazy. >> reporter: imagine, both of them okay. one of the neighbors, as you see there, said it got very dark because the balloon was surrounding his entire house and other neighbors scrambled to help the passengers, listen. >> as this was happening, i was running up the hill to go see if i could help because i, you know, i was expecting to

find a lot worse than what i found. they were pretty freaked out. there's a lot of screaming and a lot of people yelling jesus. >> reporter: yeah, i'd be yelling jesus, too. luck ily, only one minor injury in all that and by the way, you can't let the crash ruin the party. the reception, as you saw, went on without a hitch. >> megyn: oh, my gosh, really? you expect a lot of ups and downs in a relationship, but-- thanks, trace. he is the ceo of a guns parts company and says he suffered a bit after shock when he ran into problems with his bank of america corporate account. he says he was told by a bank manager that he does not like what he does for a living and he cannot access his accounts. really? we'll hear from him. and the disappearance of a famous fashion designer whose merchandise was flying off the

shelves nationwide. could a new bermuda triangle be to blame? stay with us. tes. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have six grams of sugars. with fifteen grams of protein to help manage hunger... look who's getting smart about her weight. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes.

>> fox news alert. a new video just coming in that points to the dramatic spread of flu cases in the united states. brand new hour hereof "america live." welcome everyone. i'm megyn kelly. we talked about this story yesterday, 18 children have died and 2000 people hospitalized this week in a massive flu outbreak that hit 41 states, rather badly. we got this video from pennsylvania about an hour ago. it shows one hospital setting up an emergency tent to handle the overflow of people suffering flu-like symptoms in that area. in pennsylvania alone, four people have died in the latest outbreak, as i mentioned the c.d.c. says 2000 people were hospitalized across the country last week. trace gallagher has had a quick update, trace? >> reporter: yeah, this concerns a lot of people, megyn, these are the type of things we see during epidemics. i want to show you the picture again, a mobile surge tent in lehigh, pennsylvania, the

reason they put it up because they got inundated with flu cases. the number of cases a day from december until now have doubled and they were seeing hundreds and hundreds of people every single day and they simply did not have room. this is eastern pennsylvania. same goes in northern new jersey and the hospital says the tent will be up until they figure out when to take it down. it might be a week, they mbe ad now, c.d.c. says it's shaping up to be one of the worst flu seasons in recent years and the numbers we're about to show you are 12 days old. they only update on friday and those are a week old. look at this, 41 states reporting widespread flu, 80% of the population, every state east of missouri reporting widespread flu activity and those numbers will likely rise. the key number, look at this, last year, one out of 100,000 seniors were hospitalized because of the flu. look at this, 29 out of 100,000 seniors, that's an

astronomical rise. again, mostly affecting children and seniors, but half of those who are hospitalized, megyn, are young people. those in between, which is a big concern for the c.d.c. we'll have updated numbers coming out late this week, but it simply stands to get much worse. >> megyn: it doesn't look good. it hit the states i should say rather severely, to the point dr. siegel was on the broadcast yesterday, saying if you haven't got your flu shot, you should get it. and the peak is in three weeks, leading yours truly to have hers on the air. and trace, thanks. for the latest go to foxnews.com and find out what to know who protect yourself. even if you don't want a flu shot, washing hands and the like, we'll talk about online and prevent yourself or at least decrease the risk. foxnews.com for that.

well, the number crunchers in washington are today predicting that d.c. will hit our 16.4 trillion dollar debt ceiling on february 15th unless congress acts. republicans have said that they will not approve an increase to the debt ceiling, basically our credit limit, without some spending cuts. but a group of democrats have now sent a letter to president obama arguing that he doesn't really need the republicans to say okay to raising the debt ceiling, he can do it himself and if the republicans don't like it, they can take him to court. brit hume is our fox news senior political analyst, brit, so the democrats want president obama to say, if the republicans say you're not getting your debt ceiling increase unless you give us spending cuts, they want president obama to turn around and say i'm not giving them to you and if you refuse to raise the debt ceiling i'm just going to do it, if you don't like it, sue me. is this likely? >> well, i don't think it's a likely outcome and i think if it ever came to that that the president would almost certainly lose some of his

administration's lawyers have said as much. and basically what it comes down to, there's a passage in the 14th amendment to the constitution that says the validity of the nation's public debt shall not be questioned. it confers no powers on the president to do anything about that. however, article 1, section 7 of the constitution most certainly does conifer some power and it's the power upon the congress to authorize revenue measures and it specifically says that such revenue measures must originate in the house of representatives. >> megyn: right. >> an increase in the debt ceiling, which is an authorization to borrow money is inquestionably a revenue measure, you see where the power lies. i don't think there's any case here and i don't think that the administration thinks there's a serious case. but as you said, some in congress argue that and there are some in the media say the same thing. >> megyn: it would be an interesting situation congress refusing to raise the debt limit and the president running to court or at least saying to the nation, i can do it by myself when we've had,

you know, congress in the past debate this repeatedly including when then senator obama was in the senate, you shouldn't raise the debt limit, it's irresponsible, and weakens us and americans deserve more. and can't have somebody let's not raise the debt and congress says don't raise it, but i'm going to overrule because i'm the chief executive. >> it would be against what not only what he, you know, the votes he casts in congress and what he says at the time, but i think he said, you know, last year when this was under consideration that his lawyers have advised him there was no authority to do this. so, i think it's most unlikely, equally unlikely, of course, you see, megyn, that the government should deal with the debt problem, debt ceiling issue by coining a trillion dollar platinum coin, which is-- >> i kind of like that one. >> yeah, that's what-- i just, i did a little research before coming on with you, megyn to see what's the

value -- what kind of real value would have a platinum coin have and the government did for a period of time mint some platinum coins including a one ounce coin that sold for about $1800. if a one ounce coin is worth $1800, the united states doesn't have a trillion dollar worth of platinum to convert into a giant coin, it would have to take a coin worth less than $2,000 and what, sprinkle fairy dust on it and say this is a trillion dollar coin and then try to deposit it with the fed and try to borrow against it, that would be the idea. >> megyn: no more ridiculous than some of the other things we've seen out of the beltway. >> no more ridiculous than some things, but in the end i think these ideas are basically nutty. >> megyn: this whole thing is an argument over that we've seen before between the president and house republicans, are we going to do anything about spending and if the president says, no, the american people he says, well, maybe, but when he argues with the republicans he says, no. and the republicans have no real leverage, they've got this debt ceiling, but you know, we'll see. >> well, the debt ceiling is real leverage, megyn.

i mean, it would be very serious consequences, not including a default on our sovereign debt, but there would be serious consequences if the debt ceiling weren't raised and 40% of government would stop and that would mean a major shutdown of parts of the government and so on for an indefinite period of time and there would be major, major disruptions. so there's some leverage there. >> megyn: in the meantime, you've got nancy pelosi who is still focused on something very different and that is raising taxes again. here she is on the sunday show. >> do you then agree with the republican leader in the senate, mr. mcconnell who says we're done now with the taxing side of it now we have to concentrate on spending? is that done now? >> no, no. >> revenue side of it taken care of yet? >> no, no, it is not. >> megyn: could we see another tax increase coming up in the next few years?

>> it's hard for me to imagine anytime soon that anything that raises more taxes and raises taxes would ever get through the house of representatives and probably not the senate either. i just don't think it's in the cards. remember, this is one of the reasons why this is so difficult, people keep saying why can't they agree? the real reason they can't agree, megyn, we have two opposite views here. the republicans in the congress and conservatives around the country who support them, they want to see the amount of our spending reduced, at least certainly the growth of it reduced. the democrats and the president and their adherence want to see the spending financed. so that's why they disagree. these two don't want to cut spending, the democrats, they want to pay for it. the republicans say we're going to withhold the methods for paying for it to force you to cut it back. they're two diametrically opposing views and they're legitimate philosophies of

government although i think, as you get down the road here and the true dimensions of the debt that we face to fund entitlement programs hits us, you can't really, you really can't raise taxes enough. so, something's going to have to be done, but this president doesn't seem to want to do it. >> megyn: and this is one of the the reasons why they say the lawmakers in washington, we're going to talk about this with michael reagan in a bit, have lower approval ratings than colonoscopies. >> that's right, they do, and look, congress has never been a particularly popular institution. >> megyn: no. >> it just isn't. >> megyn: no. >> it's kind of a meaningless measure because you don't cast a vote for congress, you cast a vote for an individual congressman or senator. >> megyn: right. >> there the picture is very different. most of these members have pretty high approval ratings from their constituents. >> megyn: that's right. >> and that's all that matters to them. >> megyn: that's right. >> they don't care what the rating of congress it. >> megyn: i mean, a colonoscopy can do a lot of good, can save lives. maybe it's too harsh a

statement. thank you. >> most people want scl colonoscopies, they don't want to have to pay for. >> megyn: word that a japan airline boeing 787 has returned to its gate at boston's logan airport because of a reported fuel leak. this is brand new video just into fox news showing the troubled boeing dreamliner set to take off for tokyo after the leak was discovered. the second problem with a dreamliner in 24 hours. in boston another dreamliner taken out of service after a fire started in the battery compartment. dan springer with more. >> even more bad news for boeing and for people who fly those planes. as we're waiting for an update from the national transportation safety board on where this fire investigation is going, a different 787 had a fuel leak at logan international as it was preparing for takeoff just a short time ago. we're told about 40 gallons leaked.

the plane is being towed back to the gate for evaluation. the last word we got is passengers are still on board flight 007 was headed for tokyo. now, yesterday's fire happened after a lithium battery apparently overheated in the rear underbelly of a dreamliner that had just completed a flight from tokyo to boston. all the passengers and crew were off the plane when smoke in the cabin was discovered by a maintenance worker. the battery that caught fire is the one that powers the plane when the engines are off. had it occurred in flight, it could have been disaster. it adds to a list of problems with the boeing dreamliner, a major fire during a 2010 test flight. in december there were three less serious electrical problems, one forced a diverted landing in new orleans. a qatar airlines had a similar problem that grounded a main plane and united to replace a panel generator. the 787 uses a lot more electricity than other planes and the problems keep

occurring. >> these are all electrical issues, but it appears to me that these are different electrical issues. now, having said that, the national transportation safety board will probably take a look at all of these electrical issues and try to determine if there's some sort of pattern or systemic nexus. >> and investor are concerned, the stock is down, dropped nearly $4 since yesterday's fire, megyn. >> megyn: thank you. a small businessman who owns a gun manufacturing company says he ran into problems with his bank of america corporate account and says that the bang manager says they did not like what he did it for a living. he's here in three minutes live. and alabama winning the college bowl championship, talk turned not to the lopsided score, but the girlfriend of the alabama quarterback. see why she is suddenly the big story now. ♪

this is karen anjeremiah. they don't know it yet, but they' gonna fall in love, get married, have a couple of kids, [ children laughing ] move to the country, and live a long, happy life together where they almost never fight about money. [ dog barks ] because right after they get married, they'll find some retirement people who are paid on salary, not commission. they'll get straightforward guidance and be able to focus on other things, like each other, which isn't rocket science. it's just common sense. from td ameritrade.

i just served my mother-in-law your chicken noodle soup but she loved it so much... i told her it was homemade. everyone tells a little white lie now and then. but now she wants my recipe [ clears his throat ] [ softly ] she's right behind me isn't she? [ male announcer ] progresso. you gotta taste this soup.

>> also what you need are all of these parts on display and the rifles, they're all done right here on site right in the back. >> so you've got an assembly area, you've got quality control and you've got a machine shop that basically machines all this. >> megyn: that's part of the video message you'll see at american spirit arms, a small business in arizona that makes parts for guns like the ar-15. joe is the owner and he says business is going great. so great that bank of america, he says, put a hold on his account because of questions over all the deposits coming in. he got a bank manager on the phone for an explanation, he needed the cash and before they were done, he says the bank shared its concerns about what he does for a living. joe then took to the web, facebook with this quote. what we have experienced our orders jumped, causing larger

deposits to bank of america. this threw up a huge red flag with bank of america and went downhill from there. joining me now, joe, thanks for being here. >> thank you, megyn. >> megyn: so you need your dough and you're not getting it and you say that bank of america put a hold on the moneys, so you call up to say, why? why? what's happening? and what happened? >> well, what happened is that they said it was under review is what the words that they said. and they said that it would be released in about 48 hours. so, we waited 48 hours, called them back and said, hey, where is our money. and again, they said, well, it's still under review, and i said, well, this is ridiculous, we need to get these deposits, now? our business relies-- we're a small business in arizona so we rely on these deposits to, you know, to make our business run. and they said, well, you know, there's nothing that we can do right now. it's in upper management's hands so finally we just started kicking and screaming

and one of the managers stepped in and gave us a little bit to help us out, you know, in the cash flow, but finally we got to the top where the work was, you know, we -- you know, it's because you're selling guns and parts on the internet. and we have every right to hold your money as long as we want. >> megyn: you posted online this, i'm quoting you, her exact words were, we believe you should not be selling guns and parts on the internet. >> that's correct. >> megyn: how did you respond to that? >> well, i said this is ridiculous and unacceptable because we're a licensed manufacturer in arizona so we hold all the proper licensing, we follow all the rules, all the laws to the letter of every law there is, even every other state law we follow, also. and i said, you know, this wasn't a problem before when i've been banking with you for over ten years and then all of a sudden, you know, oh, my god, you know, i'm starting to

generate some revenue, i feel like they're trying to slow us down here. >> megyn: what was her response? >> she says that she understood and there's really nothing she could do right now. she'll get back with me. >> megyn: when she said to you, we believe you should not be selling guns and parts on the internet, did you take that as, we believe it's unlawful to do that or we believe morally you're doing the wrong thing? >> i think that they were coming up with their own agenda and trying to slow down our gun sales. they also mentioned that they were afraid that the regulatiere going to change and that they would be left holding the bag because this is money that customers already paid with their credit card and that the bank already had and parts that we already shipped out. so, they were afraid that the laws would change and all that money had to be given back. >> megyn: yeah, no laws that they're looking at now would be retroactive, would affect

the gun sales happening right now. listen, i want to tell you this, we reached out to bank of america and this is what they would say. this customers concerns have been resolved. any spike in transaction volumes is routinely reviewed by the banks in order to protect our customers and this process is initiated recordless of the business, and we regret any inconvenience this has caused. any spike in transaction, we routinely do this to protect you. >> i understand that 48 hours to see if it's fraudulent, but you've got to remember, these were large deposits that they held for three weeks and i find that unacceptable. >> megyn: three weeks? >> i mean, i did get-- yes, correct. >> megyn: and now, this, you've posted this online on december 29th in the morning. has everything been resolved as of today? >> mostly everything has been resolved since i post it had and it is because of the ov overwhelming support i've

gotten from the support on the internet and everyone that has been following the post itself. and i want to thank those people. >> megyn: did they reach out to you? did a manager or anybody reach out to you in the wake of this controversy? >> no, no bank manager reached out to us. all we've ever done is constantly try to get a hold of them to get it resolved. >> megyn: has anyone apologized or sought to clarify that that person's comment, you say a bank manager-- >> no, ma'am. >> megyn: and did you get the name of the female you spoke to. >> i do, but i'll keep that confidential. >> megyn: that's what you'll deal with bank of america on. >> correct. >> megyn: joe, we appreciate you telling your story. >> thank you, megyn. >> megyn: all the best to you. >> all right. >> megyn: well in the middle of the fights over spending taxes shall debt and the rest, a new survey by pew research show that three quarters of americans think that washingtons is doing serious harm to america. coming up, michael reagan weighs in on why and what if anything can be done to change it. and the big star of last night's college football

championship may have been the quarterback's girlfriend. we'll explain why. this is america.

we don't let frequent heartburn come between us and what we love. so if you're one of them people who gets heartburn and then treats day afr day... block the acid with prilosec otc and don't get heartburn in the first place! [ male announcer ] e pill eachmorning. 24 hours. zero heartbur

♪ hey, hey, hey good looking ♪ ♪ what you got cookin' ♪ ♪ how's about cookin' something up with me ♪ >> hey, hey, sweet baby, don't you think... anyway. she was not on the field during last night's championship college football game between alabama and notre dame, but turned out to be one of the big attractions. katherine webb, currently the reigning miss alabama and you know, look at her, why not? is also the girlfriend of the alabama star quarterback aj mccarron. the cameras found her more than once cheering on her beau in the stands and caused

comments from the male announcer that soon got folks talking online and trace gallagher has that from the. >> reporter: that's what i said, look at her. >> megyn: very fit, extremely fit. >> reporter: fit and nice to look at. the game was, you have to have something to look at and a couple of times the camera panned over there and the guy who was calling the game, brent musburger took the opportunity to introduce her to the office. >> you see that lovely lady there? and i love her to death, but she's also miss alabama and that's aj mccarron's girlfriend and there's deedee bonner, his mother. and you quarterbacks get the good looking people. whoa! aj is doing things right. if you're a youngster in alabama start getting the football out and throwing it around the back yard with pop. >> did you see the kid next to

her in the tan jersey looking at her like, oh, that's a good looking woman. look, brent's got a point, but a lot of concern that he might have gone over the top, a little creepy. she didn't believe that. she said that she was very much flattered and she had a few thousand followers on twitter before the game and 100,000 after the game. >> megyn: wow. >> reporter: she tweeted the following, quote, so extremely blessed, aj mccarron, congratulations to alabama for making history and aj mccarron, he as a national chan got little attention. i played quarterback in college, megyn, i didn't date that, quarterbacks date that. >> megyn: and the best part for all of you little boys out there in alabama, get a football and go to your back yard, you can wind up dating somebody who looks like that some day. (laughter) >> i guarantee that kid wearing the tan next to her looking at her, he's home today throwing that football back and forth with his dad.

i've got to start throwing the rock. >> megyn: some people online were very harsh on brent for his comments. i don't know, do you think that he was out of line? i'll take your thoughts on that on twitter, follow me at megyn kelly, but i saw it, i was watching a little of the game and i happened to tune in for just that part. he was very focused on her, that's definitely true. >> reporter: he was. >> megyn: all right, trace. >> reporter: good to focus on. >> megyn: and she was in the top ten in the miss usa pageant as well and you can't believe she was only top ten. we must have a good field of candidates for miss usa. >> reporter: yeah, i want to meet nine. (laughter) >> see you, trace. @megyn kelly, m-e-g-y-n-k-e-l-l-y. and let me know if he was out of line. and gallup or pew? it was the one about

colonoscopies. and some think that washington is messing up the economy and we'll ask michael reagan. some are angry more weren't charged in the rape case of a young girl. we'll talk about that with dr. ablow. and pictures and media that helped charge them in the first place, what about the people among the cameras, those are among those that the protesters want charged. could they also face charges? we spoke to the attorney general on the case yesterday and kelly's court takes up the matter today. . >> we're looking at every single aspect of this case, the initial, what happened. the accident itself, the aftermath of that. there's no part of this case that we're not looking at. cymbalta is fda-approved to manage chronic musculoskeletal

pain. one non-narcotic pill a day, every day, can help reduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or havior or thghts of suicide. antidepressants can increase these in children, teens, and young adults. cymbalta is not for children under 18. people taking maois, linezolid or thioridazine or with uncontrolled glaucoma should not take cymbalta. taking it with nsaid pain relievers, aspirin or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away if you have high fever, confusion and stiff muscles or serious allergic skin reactions like blisters, peeling rash, hives, or mouth sores to address possible life-threatening nditions. talk about your alcohol use, liver disse and before you reduce or stop cymbalta. dizziness or fainting may occur upon standing. ask your doctor about cymbalta. imagine you with less pain. cymbalta can help. go to cymbalta.com to learn about a free trial offer.

yeah. then how'd i get this... [ voice of dennis ] ...safe driving bonus check? every six months without an accident, allstate sends a check. ok. [ voice of dennis ] silence. are you in good hands?

hi, i'm ensure clear... clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

>> developing right now inside of a colorado courtroom. prosecutors laying out their evidence against the alleged movie theater shooter james holmes. and prosecutors playing the first 911 call made from inside the theater and we're told that you can hear 30 gunshots going off in the background over the course of just 27 seconds. in another call, a dispatcher tried to help a panicked 13-year-old girl, but it was too loud in the theater for her to hear the instructions. 12 people died inside that theater, another 58 were wounded.

wounded. >> america's best days are yet to come. our -- our proudest moments are yet to be, our most glorious achievements are just ahead. america remains what emmerson called her 150 years ago, the country of tomorrow. what a wonderful description and how true. >> megyn: how promising president reagan made it sound back in 1992. those glorious achievements ahead. sadly, however, a new survey from gallup think there's a big threat to america and it comes right from washington. the usa today gallup poll, three out of four americans think the government is causing serious harm. quite a statement. michael reagan is a political consultant and chairman of the

reagan group. welcome back to the program. so 77% believe if there were a hippocratic oath for washington lawmakers to take, they would be violating it, causing harm. >> oh, absolutely right, and most people would agree with that as you see in the is your ray you just read. if i'm in congress, i'm held responsible and go to jail. if congress lies to me, it's part of the game and this is what people see in washington d.c. today. look at my daughter, $40,000 a year, she found out last week that she's going to be making $200 a month less this year than she made last year because of the fiscal bill that they passed, the fiscal cliff bill they passed just a week and a half ago. nobody knew that they were going to be taxed. they were going to tax the people making $400,000 not the people making less than 400,000. look at the facts within that legislatures we find out $59 million dollar for algae

producers. it has nothing to do with the fiscal cliff at all. and people are finding out more and more today that washington doesn't get its act together they always throw everything, but the kitchen sink into the bills meant for something else. look what happened with the hurricane sandy legislation. it's stopped in its tracks, why? because members of congress are throwing things into it that should never have belonged in the bill in the first place and people are angry, people are upset, and it causes road blocks on washington d.c. >> megyn: they seem dismayed in particular by politics and the way that politics works. that's what gallup was asking, do you think that the way politics works is causing harm. >> the answer was yes, it is politics. the country it wasline divided sharply politicalically for much of its history and yet, how, things weren't this bad. people weren't as hated. people didn't have as big a distaste for our elected leaders. what do you think has changed? >> well, you have leadership

at washington d.c., look at my father what he said in 1992, but saying the same thing in the 1970's and 1980's, he was a cheerleader for america, a cheerleader for the american people and literally would work across the aisle with type o'neill and others to get things done. didn't always get things done, but the fact of the matter he was able to work across the aisle and didn't just give a voice to it, he actually did things about it and it created a situation in washington d.c. where people enjoyed working in washington d.c. they enjoyed looking at the way that government worked. it worked well together under bill clinton and newt gingrich. it has not worked that way since. and you need a president who's going to reach across the aisle and who's actually going to put his hand out and say, what can we do to make things better for america? and quit putting stuff in these t causes everything to stop. look at the fact we haven't had a budget out of the senate in three years, plus. we're living on a continuing resolution. the american people are upset

by it. they're upset by the politics of it and the fact that both sides take their stand and nobody moves and you and i are the ones that end up suffering. >> megyn: president obama took some flak over the new years holiday because as he was getting his fiscal cliff deal, you know, taxes were going up on the $400,000 people and turns out, on others as well, 77% of all taxpayers, he came out and gave a press conference in which he was, you know, he was criticized for being too, sort of in your face to the republicans, like i got my tax increases, the republicans said they'd never vote for them and they did and saw the outraged republicans on capitol hill saying that was unnecessary and this is a tenuous difficult time and the thing not to do poke us in the eye when we're coming over to your side. is it that kind of thing, that back and forth and the republicans have done it to him, too. they used to be able to get along better even though politically they disagreed? >> it's the arrogance of it

all. you don't need the arrogance of it all and remember, he got asked for the signing pen to come to hawaii, instead of staying in washington d.c. to sign. it was so important to get it done, he had the signing pen flown to hawaii to sign the piece of legislation. when most people are hurt by the economy, the president of the united states spending 4 million dollars to go on vacation and go to hawaii. i think it's wonderful he's able to go to hawaii, but he has to put it in perspective for what the country is going through at the moment. and the people of the united states are getting confounded and upset by the fact that the arrogance of washington d.c. as a whole towards the very people they in fact-- they in fact represent. look what's going on with the gun bill. the fact that now everybody's got a piece of gun legislation. here in california, back at washington d.c., in connecticut, in new york, but there's not one piece of legislation that's going to save one life in the united states of america or anyplace

else, but they're going to make you believe that that's in fact going to happen. >> megyn: people seem so dismayed, it's obviously congress, but it's more than just congress, if you look at the gallup survey and i mentioned it was actually a ppp survey, a left leaning poll that says congress has a lower approval rating than colonoscopies, than cockroaches than root canals, than lice, however, a higher approval rating than john edwards. so you have that to hold on to. >> there you go. california affordable care act costing more than 400 million dollars next year. >> megyn: a big number. i really believe that this is the reason why shows like american idol and other reality tv shows and so on do so well. people want an escape. they don't want to watch this happening-- what's happening in the beltway, it makes them upset. >> if i could only sing. >> megyn: michael reagan see

you soon. if you've been to a target store you've likely seen his name in the clothing department. now this fashion designer, and his wife and others are missing. why folks are calling it a new bermuda triangle. and police report going through a variety of pictures and video while investigating the alleged rape of a 16-year-old girl in ohio who appears to be passed out drunk at the time. what happens to those who took the pictures, who took the videos as the alleged rape was in process? we spoke with the attorney general yesterday and he, unlike the sheriff, didn't rule it out. we'll discuss whether charges should and could be brought next in kelly's court. i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is!

>> the person now in charge of this case, what do you say to those who want more charges? >> the investigation over all

investigations does continue. it is active, it is ongoing, we're winding it down, but it's still -- it's still going. so, whether or not anyone else is going to be charged or not, i can't tell you that. we'll have to wait until the investigation is totally complete. >> megyn: well, that was ohio attorney general mike dewine yesterday on this program. when asked about the possibility of more charges against others in what has become a national controversy, this follows the alleged rape of a 16-year-old girl at a party. it happened last august, who may have been passed out drunk or drugged. here is a picture of the two high school football players who are said to be her alleged rapists, they've been charged-- they deny that and maintain their innocence claiming consent. now, police came to these two men, identified them as the alleged perpetrators after they sorted through dozens of pictures, cell phone videos and other evidence. and now, many are protesting in response to this case, saying it's not just about these two young men, it's also about those who took

photographs like this one, who videotaped even the alleged crime, as it was in process, and they want to know why there have not been more charges brought. joining me now defense attorney joey jackson, one time prosecutor, now defense attorney and mercedes colwin, legal analyst. the attorney general came on the program yesterday and he's handling the case now because the local prosecutor had to recuse herself. and he refused to rule out the possibility of maybe other people being charged, but the local sheriff said over the weekend, i'm done charging, there's not going to be any more charges. you tell me, mercedes whether the people who actually videotaped an alleged rape, i want to underscore the defendants maintain their innocence. but for the purposes of this the alleged rape, whether they could be charged? >> they could be charged as accessories of the crime, are they encouraging, saying come on, come on, run the videotape, keep doing it, keep

doing it. >> megyn: there's no evidence of that. >> there's no evidence that have, but we don't know because some the evidence has been destroyed. we don't know until more investigation is led into and talking to-- >> i don't think you have to go that far. i think you're out on a limb you don't need to be out on. there doesn't have to be any encouraging. i'm looking at the ohio statute. first failure it report a crime. no person knowing that a felony has or is being committed should knowingly fail to report it. this is a 16-year-old girl allegedly getting raped, okay, that's number one. and here is the picture of this, the two perpetrators, the alleged perpetrators. okay? number two, pandering sexually oriented matter involving a minor. if you create, record, photograph or film or publish any material showing a minor participating in sexual activity it's a second degree felony. pandering obscenity, can't produce any obscene material. can't illegally use a minor in a state of nudity. i mean, up and down the board. why are you talking about,

now, encouraging? they don't have to prove that. >> but that's a-- you're right, megyn, there are statutes that talk about what you can and cannot do when it comes to the videotape and photographs, if there's evidence that there is that, and obviously we have one of the videotapes, there are other issues regarding michael-- >> no, no, nothing-- that kid ranting about she's as dead as this, he did nothing illegal. he did something immoral, but nothing illegal. joey, your thoughts. >> the thoughts are as follows, megyn, first of all, obviously, this is in fact true, there was a rape here and it was not with her consent, then it's tragic, should not happen. and the critical issue is whether or not those who were actually videotaping it, whether they would face any criminal responsibility. and at this point i would say that the jury is still out on that. why do i say that? because we don't know. noi that i know there were a nur of photographs and videos taken and destroyed.

specifically what did they videotape, what did they he see, when was it observed. how was it observed and whether or not in fact she was violated by the accused. >> megyn: there is a report, lets me ask you this, there is a report that one high school student videotaped on his cell phone the actual alleged rape and then deleted it, but that as it was happening, he videotaped it and that he is now going to be a witness for the prosecution, reports said he was given immunity. i asked ag dewine about that yesterday and he said nobody's been given immunity. mercedes, if that's true that somebody actually videotaped the alleged sexual activity and use that term for the benefit of the defendants, that would be a crime, would it not? >> it would fall squarely within the statute that you read, it's exactly right. if you're filming the actual, the actual crime, it is a crime. and whether they delete it or not, if there are other witnesses. >> megyn: even if it's consensual. >> even if it's consensual.

how can there be consent when you look at the state the victim was in? look at what some of the protesters are saying, walking around with signs saying no means no in steubenville. but if you're unconscious, it means yes, that's outrageous. >> megyn: that will play out in a court whether she's capable of consenting in the condition she's in. you tell me, joey, these statutes say if you show a minor, even with consent, which she doesn't, she claims she was not, that's a crime. that's a felony. >> it certainly could potentially be, but i think it's also going to fall on and you're going to have to evaluate what the ages of the parties who were there. we're talking about juveniles. certainly it doesn't excuse it, but mitigates the conduct. did they know what they were doing, how were they acting, what if anything could they have done to intervene. so, i think this is going to be looked at in the lens of how a juvenile might potentially respond under these circumstances and in order to hold them accountable as a felony, it may be a bit much. >> megyn: well, there's a disparity between what the sheriff sans the ag says.

we'll watch and see if it plays out. >> thanks, megyn. >> megyn: panel, thank you. we'll be right back. at scott, you won't just find us online, you'll also find us in person, with dedicated support teams at over 500 branches nationwide. so when you call or visit, you can ask for a name you know. because personal service starts with a real person. [ rodger ] at scottrade, seven dollar trades are just the start. our support teams are nearby, ready to help. it's no wonder so many investors are saying... [ all ] i'm with scottrade.

it's no wonder so many investors are saying... isurprise...it's eating less. to losing weight. i'm hungry just thinking about it. thank goodness for new slimful. one delicious, 90-calorie slimful and a glass of water, like before dinner, helps keep me satisfied for hours. so instead of this much, i only need this much. and slimful tastso good... i don't even miss dessert. slimful and a glass of water... eating less is a beautiful thing.

>> well, his name was plastered all over target stores and now the mystery surrounding a missing fashion mogul is deepening. the head of one of italy's iconic design houses disappeared with his wife and four others when their plane vanished off the coast of venezuela last week. at first suspected it was a crash and then it was later rumored to be a kidnapping. but now, fox are tying this to a whole series of mysterious disappearances in the very same area. trace gallagher live in our west coast news room with more, trace. >> reporter: he's a very big deal. when the missoni line was on it crashed the target website.

they were vacationing christmas and new years off the chain of islands off the coast of venezuela. seen boarding this plane on friday afternoon, all four on board the twin engine plane headed for caracas, the plane disappeared minutes off the flight, fell off the radar, despite an immediate search by planes, helicopters, sonar ship and dozens of dive teams, they did not find anything in the crystal clear water, not a single sign of wreckage. two days later the son ever one ever the missing on board the plane got a text from his dad's phone, said call now, we are reachable. calls to the phone went unanswered, but the cell phone company has in fact confirmed the text did come from the father's phone. now, investigators want to know did the plane crash, did it land? were they kidnapped. missoni's fashion empire generates 100 million a year and a pilot says that he saw

the plane fly into a severe ver that's the last he saw of it. four years ago, a similar plane, 14 people on board took off from that same airport, disappeared. the pilot's body washed up a few weeks later, but not a sign at all of that wreckage or the other 13 people on board. big mystery somewhere off the coast of venezuela right now. >> megyn: how bizarre. trace, thank you. well, lowering the drinking age could be on tap in one state, but there's a catch. we'll explain coming up.

...